Article 1. Manner, content and place for submission of complaints and objections.
1.Clients may submit complaints and objections either personally or through a representative, in paper or electronic format, provided that the format is readable, printable and the documents can be filed.
The use of computing, electronic or telematic means of communication by the customer must meet the requirements established in Law 59/2003, of December 19, on digital signatures.
For the purpose of these Regulations complaints means those relating to the operation of the financial services provided to the users by the companies and submitted for reasons of delay, failure to provide service, or any other fault observed in the operation of the company.
Objections means those presented by the users of the financial services, for the purpose of securing their interests or rights, that relate to specific facts regarding acts or omissions of the companies which may prejudice the interests or rights of the users submitting the claims, due to failure to comply with contracts, or with the regulations regarding transparency and protection of customers or regarding financial good practice and customs.
2.The procedure is initiated by the customer submitting a document indicating:
- Name, surname/s and address of the interested party, and, if applicable, of their representative, duly certified; national identity document number for natural persons and details of company registration for legal persons.
- Reason for the complaint or objection, clearly specifying the issues on which a decision is requested.
- Office or offices, department or service where the events subject of the complaint or objection took place.
- That to the claimant’s knowledge, the matter which is the subject of the complaint or objection is not subject to administrative or legal proceedings or arbitration.
- Place, date and signature.
The claimant must submit, together with the above-mentioned document, any documentary proof in their power that substantiates their complaint or objection.
- 3.The complaints and objections may be submitted to the Customer Service Department, at any of the company’s offices open to the public, or the e-mail address that each of the financial companies of the group (Ocaso, S.A. and Eterna Aseguradora, S.A.) has provided to this end.
Article 2. Acceptance for consideration.
1.Once the complaint or objection has been received by the company, in the event that it is not resolved in favour of the customer by the office or service subject of the complaint or objection, it will be submitted to the Customer Service Department.
As soon as the Customer Service Department has knowledge of the complaint or objection it will acknowledge receipt in writing and record the date of submission as the start of the term established in article 5 of these regulations. Likewise, it will proceed to open a case file.
The complaint or objection will be submitted only once by the interested party, and the latter shall not be required to submit it again before different bodies within the company.
2.In the event that the identity of the claimant is not sufficiently established, or the facts subject of the complaint or objection cannot be established with sufficient clarity, the claimant will be requested to complete the documents submitted within ten calendar days, and shall be warned that if they fail to do so, the complaint or objection shall be filed with no further action.
The period for the claimant to correct any errors or omissions referred to in the above paragraph will not be included within the term of two months established for the resolution of the case.
3.Acceptance for consideration of complaints and objections may only be denied in the following cases:
- When information that is essential for processing the complaint or objection is omitted and cannot be supplied, including cases in which the reason for the complaint or objection is not properly specified.
- When the claimant attempts to submit as complaints or objections, requests or acts that fall within the jurisdiction of administrative or legal bodies or arbitrators, or are pending resolution or litigation, or the matter has already been dealt with by any of those bodies.
- When the facts, reasons and requests made regarding the issues which are the subject of the complaint or objection do not refer to specific operations or do not meet the requirements established in section 5 of the Regulations of Operation.
- In the case of complaints or objections that have already been resolved in prior claims, submitted by the same customer with regard to the same facts.
- When the term for submission of complaints and objections established by the regulations of operation has elapsed.
In the event that there is knowledge of simultaneous processing of a complaint or objection and an administrative, arbitration or legal procedure on the same matter, the former should be interrupted.
- 4.When a complaint or objection is deemed to be unacceptable for consideration for any of the reasons indicated above, the interested party shall be sent a reasoned explanation of the decision, and given ten calendar days to submit any allegations. In the event that the interested party replies and the causes for non-acceptance are upheld, they shall be notified of the final decision made.
Article 3. Processing.
The Customer Service Department may request, during the processing of the cases, both from the claimant and from the different departments and services of the company in question, all details, clarifications, reports or evidence they deem pertinent in order to make a decision.
Article 4. Acceptance and withdrawal.
- 1.If, in view of the complaint or objection, the company were to correct its situation with regard to the customer to the latter’s satisfaction, the customer must notify the competent body or department and provide documentary proof, unless the interested party explicitly withdraws the action. In such cases, the complaint or objection shall be filed with no further action.
2.The interested parties may withdraw their complaints and objections at any time. Withdrawal shall lead to the immediate conclusion of the procedure as regards the relationship with the interested party.
Article 5. Conclusion and notification.
- 1.The case must be closed within a maximum period of two months, from the date on which the complaint or objection was submitted to the Customer Service Department.
2.The decision must always be reasoned and must contain clear conclusions regarding the request formulated in each complaint or objection, on the basis of contractual clauses, applicable regulations on transparency and customer protection, as well as financial good practice and customs.
In the even that the decision differs from the criteria stated in similar prior cases, reasons must be provided to justify this difference.
- 3.The decision shall be notified to the interested parties within ten calendar days from the date it is made, in writing or by electronic, computing or telematic means, provided that they allow the documents to be read, printed and filed, and comply with the requirements established in Law 59/2003, of December 19, on digital signatures, according to the specific indications provided by the customer, and in the absence of any such indication, through the same means that the complaint or objection was submitted, and the decision should indicate explicitly the right of the claimant to resort to the corresponding commission, in the event of disagreement with the result of the decision.
- 4.Once this term has elapsed, without the Customer Service Department having notified its decision, the claimant may submit their complaint or objection to the competent commission.
Article 6. Relationship with the commissions.
The Company shall attend, through the head of the Customer Service Department, the demands that the commissions for the Defence of Financial Services Customers may present to them in the exercise of their responsibilities, within the terms that they establish, in accordance with their Regulations.
To these effects, these demands should be sent to the following address:
C/ Princesa nº 23